Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 335-350 |
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Barghi M M. European Countries 'Human Rights Challenges in Restricting Citizens' Right to Liberty during the Outbreak of the Covid-19 Epidemic. MLJ 2022; 16 (57) :335-350
URL: http://ijmedicallaw.ir/article-1-1506-en.html
URL: http://ijmedicallaw.ir/article-1-1506-en.html
Department of Law, Faculty of Islamic Studies, Meybod University, Meybod, Iran
Abstract:
Background and Aim: Article 5 of the European Convention on Human Rights prohibits states from interfering arbitrarily in the right of citizens to freedom. However, the worldwide spread of Covid-19 has forced countries to pursue policies that deprive citizens of their liberty or restrict their free movement to combat the virus. The present study examines the measures taken by European governments to address the outbreak of corona virus and identifies the mechanisms used by these governments to justify their intervention in the right to liberty of citizens.
Method: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The right to liberty of citizens is one of the basic human rights that all governments are obliged to respect it. However, sometimes securing the public interest of society requires restrictions on this right. In this case, governments will have to legally justify the restrictions on this right.
Conclusion: The measures taken by European governments in the face of the Covid-19 epidemic constitute a restriction on citizens' right to liberty, but European governments may justify their actions by invoking deprivation of liberty in order to prevent the spread of an infectious disease subject to Article 5 of the Convention or the right to derogate from their obligations under Article 15 of the Convention.
Please cite this article as:
Barghi MM. European Countries 'Human Rights Challenges in Restricting Citizens' Right to Liberty during the Outbreak of the Covid-19 Epidemic. Medical Law Journal. 2022; 16(57): e23.
Method: This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The right to liberty of citizens is one of the basic human rights that all governments are obliged to respect it. However, sometimes securing the public interest of society requires restrictions on this right. In this case, governments will have to legally justify the restrictions on this right.
Conclusion: The measures taken by European governments in the face of the Covid-19 epidemic constitute a restriction on citizens' right to liberty, but European governments may justify their actions by invoking deprivation of liberty in order to prevent the spread of an infectious disease subject to Article 5 of the Convention or the right to derogate from their obligations under Article 15 of the Convention.
Please cite this article as:
Barghi MM. European Countries 'Human Rights Challenges in Restricting Citizens' Right to Liberty during the Outbreak of the Covid-19 Epidemic. Medical Law Journal. 2022; 16(57): e23.
Keywords: Compliance with the Law, European Court of Human Rights, Private Life, European Convention on Human Rights, Legitimate Intervention
Type of Study: Original Article |
Received: 2022/02/25 | Accepted: 2022/06/2
Received: 2022/02/25 | Accepted: 2022/06/2
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